Monaco 1962 Constitution (reviewed 2002)

Chapter II. The Prince, The Demise of the Crown

Article 10

The succession to the Throne, opened by death or by abdication, takes place by the direct and legitimate issue of the reigning Prince, by order of primogeniture with priority given to males within the same degree of kinship.

In the absence of direct legitimate issue, the succession passes to the brothers and sisters of the reigning prince and their direct legitimate descendants, by order of primogeniture with priority given to males within the same degree of kinship.

If the heir, who would have acceded by virtue of the preceding paragraphs is deceased or renounced the Throne before the succession became open, the succession passes to His own direct legitimate descendants by order of primogeniture with priority given to males within the same degree of kinship.

If the application of the preceding paragraphs does not fill the vacancy of the Throne, the succession passes to a collateral heir appointed by the Crown Council upon same advice of the Regency Council. The powers of the prince are temporarily held by the Regency Council.

The Throne can only pass to a person holding Monegasque citizenship on the day the succession opens.

The procedures of application of this article are set, as needed, by the House Laws of the Sovereign Family promulgated by Sovereign ordinance.

Article 11

The Prince can exercise His sovereign powers if He has reached His adult hood fixed at the age of eighteen.

During the Prince’s adolescence or in case the Prince is unable to exercise His functions, the organisation and conditions of exercise of the Regency are provided for by the House Laws of the Sovereign Family.

Article 12

The Prince exercises His sovereign authority in full compliance with the provisions of the Constitution and laws.

Article 13

The Prince represents the Principality in its relations with foreign powers.

Article 14

After consulting the Crown Council the Prince signs and ratifies treaties and in international convention. He acquaints the National Council through the Minister of State with them before their ratification.

However, the following treaties must be ratified in pursuance of a law:

  1. Treaties and international agreements affecting the organisation of the Constitution
  2. Treaties and international agreements the ratification of which entails the modification of the existing legal provisions
  3. Treaties and international agreements which entail the Principality’s adhesion to an international organisation the functioning of which implies the participation of the National Council’s members
  4. Treaties and international organisations the implementation of which results in a budget expenditure pertinent to expenditure type or use, which is not provided by the budget act

The Principality’s external policy is accounted for in an annual report prepared by the government and notified to the National Council.

Article 15

After consulting the Crown Council, the Prince exercises the right to pardon and amnesty as well as the right of naturalization and restoration of nationality.

Article 16

The Prince confers orders, titles and other distinctions.